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No. TU is not subject to the annual H-1B "cap"; we file H-1B petition visas year-round.
No. Your department should submit an H-1B extension application to ISSS no more than 6 months and no later than 2 months prior to your current Approval Notice expiration date. If USCIS receives our Extension Petition before your current H-1B Approval Notice expiration, you can continue working for an additional 240 days. Inform ISSS of any possible travel plans as Premium Processing may be necessary.
No. You may not receive a benefit, honorarium or other monetary gain for giving lectures or speeches. You can only engage in employment listed in an approved H-1B petition. You may get reimbursed for travel and reasonable living expenses.
Depends. You may not teach a class unless teaching was included in the job description we provided in our H-1B petition. Your Department should contact ISSS for more information.
No. You may receive travel and living expenses reimbursement for occasional lectures, but not an honorarium, wages or a salary. The outside employer will need to file an H-1B Concurrent Petition on your behalf.
Yes. ISSS may need to file an amendment petition with USCIS prior to you starting the new job. You may not begin working in the new position without ISSS and HR approval.
No. You can begin working in the new position as of the H-1B Requested Start Date once USCIS receives the H-1B Transfer Petition under H-1B "portability" provisions.
No. Your Department must contact ISSS before reducing your work hours, as an H-1B amendment is most likely necessary. The change in hours cannot go into effect until USCIS receives the H-1B Amendment Petition.
Maybe. Your department needs to notify ISSS before the off-site assignment begins. ISSS is responsible for evaluating whether the off-site assignment would require action on your H-1B petition.
No. H employment is subject to Social Security tax. Income tax is paid on income derived from employment in H status unless tax exemption is specifically provided by treaty or convention. Contact Shelley Biagas in HR / Payroll Management (215-926-2244).
No. You are only authorized for employment that has been listed in an H-1B petition approved by USCIS. Any other employment performed in the US is considered unauthorized, regardless of where the employer is located. There are serious consequences for working without authorization, so consult with a qualified immigration attorney before engaging in any employment not listed in your H-1B petition.
Maybe. If you find a new sponsoring employer within 60 days of your final day of employment, USCIS has the discretion to “overlook up to 60 days of unemployment.” Your department must cover the costs of your return trip to your home country if your employment is terminated before your Approval Notice expires. This is a complex situation – contact ISSS to discuss your options as soon as you know or suspect you may be terminated.
Yes. Your I-94 indicates your class of admission (H-1B) and “admit until” date, which is your status expiration date. The I-94 “admit until” date is the controlling end date as it relates to both your presence in the U.S. and employment at TU. You must contact ISSS immediately as we may need to file an H-1B Extension Petition before the I-94 end date. Your foreign passport must always be timely renewed as far in advance as possible.
No. You must apply for US visas abroad at a US Embassy/Consulate.
Depends. You usually can apply at most US Consulates throughout the world; however, the US Consulate has the right to decline third party national appointments so you must contact the Consulate for more information. You must apply for a visa in your home country if you have been out of status in the U.S. because you overstayed the authorized period of stay.
Yes. Bring the following items with you:
· Original approval notice (Form I-797)
· Copy of the H-1B petition submitted by TU on your behalf
· Valid passport
· Travel Letter
· Valid H-1B visa (except Canadian nationals)
· Anything else the US Embassy/Consular Requires if you are applying for a visa
Yes. You must schedule an appointment with a US Embassy to apply for a new H-1B visa stamp unless you are from a visa-exempt country (such as Canada). Contact the US Embassy/Consulate where you will apply for the visa stamp. www.usembassy.gov/
No. If you have changed employers since first entering the US and you have a valid visa annotated for a previous employer, you can reenter the U.S. using that visa, provided you present a valid H-1B Approval Notice for Temple upon reentry to the US.
Yes, with certain exceptions. Automatic Visa Revalidation allows you to reenter the U.S. after a visit to Canada or Mexico lasting 30 days or less. You will need an unexpired passport, a valid H-1B Approval Notice and an unexpired I-94 to reenter the US. This applies even if you changed your status in the US and have never had an H-1B visa stamp. isss.temple.edu/students/current-students/travel/automatic-visa-revalidation
Maybe. Please contact the Mexican / Canadian Consulates in New York or Washington, DC to determine if you need a tourist visa into their countries.
Yes but with consequences. If you travel abroad while an application for change of status to H-1B is pending, USCIS considers you to have abandoned the change of status portion of the petition. If the H-1B petition is later approved by USCIS, you can apply for an H-1B visa stamp at a U.S. Consulate and then enter the US in H-1B status.
Yes, but with reservations. Although it is permissible to travel while a petition is pending, you may have trouble if you reenter the US using your current Approval Notice and the pending petition is approved while you are outside the US. Contact ISSS as you may need to Premium Process the pending petition.
Yes. H-1Bs who have received extensions of H-1B status beyond 6 years under AC21 are required to have a valid H-1B visa for entry to the US after travel abroad.
Yes. H-1B category permits dual intent which allows you to continue in H-1B status even if you have begun applying for permanent residency in the U.S.
Depends. You should discuss your options with the attorney who is assisting you with Permanent Residence.
No. However, many factors will help you decide when best to file, including when your immigration attorney believes that you have a solid case.
Maybe. Your Department should contact Karen Ward in Human Resources (University) or Jack Gehrs (TUHS) for more information on Temple Sponsorship. isss.temple.edu/faculty-staff-and-researchers/international-employees/permanent-residence-green-card
Maybe. ISSS will file H-1B extensions beyond the 6-year limit until a green card is either denied or approved for individuals who meet the following criteria:
· At least 365 days have passed since filing a Labor Certification (PERM) or EB immigrant petition (I-140) or a combination of the two; or
· Individuals from oversubscribed countries whose I-140s have been approved but who cannot adjust their status solely because their priority dates are not current.
Yes. H4 dependents may remain in the U.S. in H-4 status temporarily. However, if you will spend more than 30 days abroad, your H-4 dependents must depart the US.
Maybe. Individuals in H4 status may not engage in any employment unless they have been issued an EAD from USCIS based on a pending green card application. Your spouse can, however, attend school part time or full time. Your spouse may need to obtain a new immigration status if s/he wishes to work. Contact the lawyer who filed your green card application for more information.
Maybe. A dependent child can remain in H-4 status until s/he is 21 years of age. Your dependent would need to then change her/his immigration status or depart the US.
Maybe. Changing H-1B employer does not necessarily require the filing of an H-4 application. If your new H-1B petition will be longer than the date on H-4’s most recent I-94, your dependent may wish to file an H-4 application with your H-1B petition or s/he may wish to travel outside the US and reenter to extend status. Make certain that your dependents do not fall out of status. Contact an immigration attorney for advice.
Depends. PennDOT requires the original H-1B Receipt Notice from your H-1B Extension Petition to renew the DL for 180 days (plus other documents). PennDOT will extend your DL for the length of your new H-1B Petition once you have a new H-1B Approval Notice. Visit our website for more information and for links to NJ and DE Motor Vehicle Departments.
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